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South Africa decisions
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S v Sibiya (CA & 47/2021) [2021] ZANCHC 57 (22 October 2021)
The High Court corrected a magistrate’s sentence record to state that counts 1 and 3 were taken together for sentence, and otherwise confirmed the suspended sentence.
S v Seilane (Ref 09/2018) [2018] ZANWHC 72 (23 November 2018)
The court found that the sentencing magistrate failed to properly apply the Child Justice Act and constitutional principles relating to child offenders. The magistrate did not consider all available sentencing options, did not provide reasons for imposing direct imprisonment as a last resort, and did not afford the State an opportunity to address the court on sentence. The accused was young, had no previous convictions, and could be rehabilitated. The interests of justice and fairness, as well as the constitutional right to equality and the principle that imprisonment should be a last resort…
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